Placing your loved one in a nursing home is probably one of the most difficult decisions of your life. Knowing they were a victim of abuse while in someone else’s care places enormous stress on you and your family. The bottom line is that many Texas nursing homes are sub-par in their staffing and standards of care. When filing a nursing home abuse lawsuit against the facility, you must decide whether to seek a settlement or take the case to trial.
The compassionate nursing home abuse lawyers at Crowe Arnold & Majors, LLP know that understanding the pros and cons of a settlement versus going to trial is crucial. Learn about each approach to determine which may be your best option.
Nursing Home Abuse
Nursing home abuse runs the gamut from physical, financial, psychological, and sexual. Suspect this if you notice unusual behavior or emotional changes in your loved one, such as increased fearfulness.
Examples also include the following:
- Unexplained injuries
- Neglect–Including bedsores, lack of hygiene, not providing food or water, or not giving residents medication are common signs of nursing home neglect.
- Significant weight loss
- Frequent urinary tract infections
- Unexplained financial transactions
- Intentionally isolating a patient so no social contact occurs
Unfortunately, it is relatively common for nursing home abuse to result in the resident’s death.
Negotiating a Settlement vs. Going to Trial
Your nursing home abuse lawyer can discuss the advantages and disadvantages of negotiating a settlement vs. going to trial. There are various issues to consider when deciding the best route for your particular case. Remember that while most cases settle out of court, the defendant or their insurance company may refuse to settle. Under these circumstances, a trial is the only way for your loved one to obtain justice.
When the plaintiff and defendant agree upon the settlement amount, the victim receives compensation without needing to go to trial. The amount of compensation involved in a settlement is guaranteed, which is not true with a trial. Further, settlements are private. The proceedings in a trial are public.
If a nursing home abuse lawsuit heads to trial, a judge or jury makes the decision about compensation. In court, it is always possible to receive a larger award, but it’s also possible to receive much less. Trials can be unpredictable.
Nursing Home Abuse Settlements
For practical purposes, a nursing home abuse settlement often makes more sense than going to trial due to the time element. Expect the process to take a few months to close. In some situations, it may resolve in just several weeks. Moreover, the amount of damages or compensation varies by the specific circumstances of the case.
Such compensation may include the following:
- Medical bills
- Rehabilitation and physical therapy
- Transportation to a new facility
- Pain and suffering
- Wrongful death
Various factors affect nursing home abuse damages. Among the most significant is the victim’s age. If a young person with disabilities suffered abuse, they are likely to receive more compensation than an older adult in a similar situation.
Contact a Dallas Nursing Home Abuse Lawyer
If you suspect your family member has been a victim of nursing home abuse, schedule a free, no-obligation consultation today. Because we work on a contingency basis, there is no fee unless you receive compensation. Along with discussing your options, we can also advise you about finding better care for your loved one.